McCracken, C. v Equus Financial Services Ltd & Ors [1995] FCA 580

IN THE FEDERAL COURT OF AUSTRALIA ) ) VICTORIA DISTRICT REGISTRY ) VG 17 of 1994 ) GENERAL DIVISION )

BETWEEN: CHARLES McCRACKEN Applicant AND: EQUUS FINANCIAL SERVICES LTD (ACN 006 012 344) First respondent VACATION OWNERSHIP RESORTS LTD (ACN 006 110 603) Second respondent VACATION OWNERSHIP PTY LTD (IN LIQUIDATION) (ACN 006 097 141) Third respondent CLUB RESORTS (FINANCE) PTY LTD (ACN 006 277 541) Fourth respondent

CORAM: RYAN J PLACE: MELBOURNE DATE: 31 JULY 1995

MINUTE OF ORDER THE COURT ORDERS THAT: 1. The question set down for trial as a preliminary issue be answered as follow: "Yes, in the sense that it was a contract for the provision, grant or conferral of rights, benefits or privileges under a contract (being the contract enquired after itself) in relation to the provision of, or the use or enjoyment of facilities for recreation". 2. The application herein be adjourned for further directions before Ryan J on a date to be fixed. 3. The costs of the applicant and the first respondent of the preliminary question, including the costs of the hearing on 6 and 7 March 1995, be reserved.

NOTE: Settlement and entry of orders is dealt with in O 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA ) ) VICTORIA DISTRICT REGISTRY ) VG 17 of 1994 ) GENERAL DIVISION )

BETWEEN: CHARLES McCRACKEN Applicant AND: EQUUS FINANCIAL SERVICES LTD (ACN 006 012 344) First respondent VACATION OWNERSHIP RESORTS LTD (ACN 006 110 603) Second respondent VACATION OWNERSHIP PTY LTD (IN LIQUIDATION) (ACN 006 097 141) Third respondent CLUB RESORTS (FINANCE) PTY LTD (ACN 006 277 541) Fourth respondent